N. D. v. Chris Reykdal

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

N. D.; T. D., on behalf of a class of No. 23-35580 those similarly situated, D.C. No. Plaintiffs-Appellants, 2:22-cv-01621-

LK-MLP

v.

CHRIS REYKDAL, in his capacity as OPINION the Superintendent of Public Instruction; OFFICE OF THE

SUPERINTENDENT OF PUBLIC

INSTRUCTION, a Washington State Agency,

Defendants-Appellees.

Appeal from the United States District Court for the Western District of Washington Lauren J. King, District Judge, Presiding

Argued and Submitted March 25, 2024 Seattle, Washington

Filed May 22, 2024

Before: Kim McLane Wardlaw, William A. Fletcher, and Eric D. Miller, Circuit Judges. Opinion by Judge Miller

SUMMARY *

Individuals with Disabilities Education Act

The panel vacated the district court’s order denying plaintiff students’ motion for a preliminary injunction regarding the State of Washington’s obligation under the Individuals with Disabilities Education Act to provide special education to disabled 21-year-olds, and remanded for further proceedings. The IDEA permits a State to discontinue special education services as early as age 18 if…